Driving Whilst Using a Mobile Phone: The Law and Available Defences
Using a mobile phone while driving is a common offence that carries significant penalties in the UK. Under Regulation 110 of the Road Vehicles (Construction and Use) Regulations 1986, it is illegal to hold and use a phone or other handheld devices while driving or riding a motorcycle. This offence can lead to fines, penalty points, and in some cases, disqualification from driving.
At Allen Hoole Solicitors, we have successfully represented clients facing this charge and, in some cases, persuaded the court to accept an alternative charge of driving without being in proper control, which carries fewer penalty points. As the largest criminal defence firm in the South West of England, our team of experienced solicitor advocates is well-equipped to handle such cases and secure the best possible outcome for our clients.
The Law on Driving Whilst Using a Mobile Phone
The law surrounding the use of mobile phones while driving is straightforward: it is illegal to hold and use a mobile phone while operating a vehicle. This includes making or receiving calls, texting, or using apps. The law applies even if the vehicle is stationary at traffic lights or in traffic.
The penalties for using a mobile phone while driving include:
- A fine of £200,
- 6 penalty points on your driving licence,
- Potential disqualification if the offence leads to accumulating 12 or more points.
For drivers who have held their licence for less than two years, accumulating 6 or more points can result in the revocation of their licence.
Defences to Driving Whilst Using a Mobile Phone
Despite the clear rules, there are several defences available in mobile phone cases. At Allen Hoole Solicitors, we are skilled in identifying and presenting these defences. Some of the key defences include:
Hands-Free Use
The law allows the use of mobile phones if they are operated hands-free (e.g., using Bluetooth or voice commands). If the phone was not physically held by the driver, they may not be guilty of the offence. Our solicitors will thoroughly examine the circumstances to determine whether the use of the phone was truly hands-free.
Emergency Use
If the driver was using the mobile phone to make an emergency call, for instance to 999 or 112, this could serve as a valid defence. The emergency must be genuine, and the driver must demonstrate that their actions were justified under the circumstances.
Not Holding the Phone
In some cases, drivers are wrongly accused of holding the phone when in fact they were not. For example, if the phone was in a cradle or the driver was simply adjusting another device, this can be a key point in challenging the charge. We will gather all available evidence, including CCTV footage and witness testimony, to demonstrate that the phone was not being held.
Alternative Charge: Driving Without Being in Proper Control
In some cases, we have successfully argued for a less serious charge of driving without proper control, rather than using a mobile phone. This offence, under Regulation 104 of the Road Vehicles (Construction and Use) Regulations 1986, occurs when a driver is in a position that does not give them proper control of the vehicle or full view of the road ahead.
This alternative charge carries fewer penalty points (typically 3) and can result in a smaller fine. This approach can be particularly helpful in cases where the driver was not using the phone but may have momentarily been distracted or not in full control.
Procedural and Technical Defences
As with any motoring offence, the police must follow proper procedures when issuing a charge. Procedural errors, such as incorrect handling of evidence or failing to properly explain the driver’s rights, can provide grounds for a dismissal. Our solicitors will carefully review the entire process to identify any potential procedural flaws that can be used in your defence.
Additionally, the use of CCTV footage and mobile phone records can be critical in determining whether the phone was actually in use at the time of the alleged offence.
Why Choose Allen Hoole Solicitors?
At Allen Hoole Solicitors, we have a track record of successfully defending clients against mobile phone charges. We have access to the best toxicology and forensic experts, and we will examine the case to identify all possible defences and technicalities.
Our large team of solicitor advocates, who are highly experienced in motoring offences, gives us an advantage in navigating complex cases. We are the largest criminal defence firm in the South West of England, and our size, resources, and expertise allow us to deliver top-tier legal representation for our clients.
If you have been charged with driving whilst using a mobile phone, contact Allen Hoole Solicitors today. Our team is ready to provide expert legal advice and representation to help you achieve the best possible outcome.